Council Implementing Regulation (EU) 2024/455 of 2 February 2024 implementing Regulation (EU) 2024/287 concerning restrictive measures in view of the situation in Guatemala
Date: 2024-02-02
Institutions: Council of the European Union
Subjects: EU restrictive measure, Guatemala, economic sanctions, international sanctions, natural person








L_202400455EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2024/455


2.2.2024







            COUNCIL IMPLEMENTING REGULATION (EU) 2024/455
of 2 February 2024
         
implementing Regulation (EU) 2024/287 concerning restrictive measures in view of the situation in Guatemala


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EU) 2024/287 of 12 January 2024 concerning restrictive measures in view of the situation in Guatemala (1), and in particular Article 13(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 12 January 2024, the Council adopted Regulation (EU) 2024/287.












(2)


The Council is deeply concerned about actions to undermine democracy, the rule of law and the peaceful transfer of power in Guatemala, including attempts to overturn the legitimate outcome of the 2023 Guatemalan elections in violation of the country’s constitution, the rule of law and principles of democracy.












(3)


In this context, the Council considers that five persons should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) 2024/287.












(4)


Regulation (EU) 2024/287 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) 2024/287 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 2024.


For the Council


The President

H. LAHBIB
            





(1)  
            OJ L, 2024/287, 15.1.2024, ELI: http://data.europa.eu/eli/reg/2024/287/oj.




ANNEX
The following persons are added to the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) 2024/287:

‘A.   Persons









 


Name


Identifying information


Reasons for listing


Date of listing




1.


María Consuelo PORRAS ARGUETA DE PORRES


Position(s): Attorney General of Guatemala, Head of the Public Ministry (Ministerio Público) of Guatemala
DOB: 23.8.1953
Nationality: Guatemalan
National identification number: 242159605 (passport)
Gender: female


In her position as Attorney General of Guatemala, the highest civil servant in the Public Ministry (Ministerio Público) of Guatemala (equivalent to Head of the Public Prosecutor’s Office or Chief Prosecutor), María Consuelo Porras Argueta De Porres (a.k.a. “Porras”) is involved in efforts to overturn the results of the first and second rounds of elections held in June and August 2023, including through spurious criminal investigations targeting the Supreme Electoral Tribunal, the political party Movimiento Semilla and President Arévalo. Furthermore, under her leadership the Public Ministry has brought arbitrary proceedings against independent journalists, prosecutors, judges, and civil society activists including indigenous leaders and students. She is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala.


2.2.2024




2.


Ángel Arnoldo PINEDA ÁVILA


Position(s): Secretary-General of the Public Ministry (Ministerio Público) of Guatemala
DOB: 10.5.1975
Nationality: Guatemalan
National identification number: 238937186 (passport)
Gender: male


Ángel Arnoldo Pineda Ávila is the Secretary-General of the Public Ministry (Ministerio Público) of Guatemala (equivalent to the Public Prosecutor’s Office). He is second-in-command in the Public Ministry after the Attorney General, and Head of the General Secretariat of that institution. In that position, Ángel Arnoldo Pineda Ávila is involved in efforts to overturn the results of the first and second round of elections held in June and August 2023, including through spurious criminal investigations targeting the Supreme Electoral Tribunal, the political party Movimiento Semilla and President Arévalo. In December 2023, he participated in a press conference where the Public Ministry presented claims that the outcome of the first round of elections in June 2023 was invalid. He is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala.


2.2.2024




3.


José Rafael CURRUCHICHE CUCUL


Position(s): Head of the Special Prosecution Office Against Impunity, Public Ministry (Ministerio Público) of Guatemala
DOB: 28.7.1970
Nationality: Guatemalan
National identification number: 229488307 (passport)
Gender: male


José Rafael Curruchiche Cucul is the Head of the Special Prosecution Office Against Impunity (FECI), which operates under the Public Ministry (Ministerio Público) of Guatemala (equivalent to the Public Prosecutor’s Office). Under his leadership, the FECI spearheaded the on-going investigation into the creation of the political party Movimiento Semilla of President Arévalo. He personally participated in the raid by the Public Ministry of the premises of the Supreme Electoral Tribunal that entailed the opening of sealed ballot boxes. Additionally, he was involved in the request for the suspension of the legal personality of Movimiento Semilla in July 2023. Furthermore, in December 2023 he participated in a press conference where the Public Ministry presented claims that the outcome of the first round of elections in June 2023 was invalid. Through those actions, José Rafael Curruchiche Cucul is involved in efforts to overturn the results of the 2023 elections in Guatemala. He is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala.


2.2.2024




4.


Leonor Eugenia MORALES LAZO DE SÁNCHEZ


Position(s): Prosecutor at the Special Prosecution Office Against Impunity, Public Ministry (Ministerio Público) of Guatemala
DOB: 19.9.1979
Nationality: Guatemalan
National identification number: 2227901800101
Gender: female


Leonor Eugenia Morales Lazo De Sánchez is a prosecutor in the Special Prosecution Office Against Impunity (FECI), which operates under the Public Ministry (Ministerio Público) of Guatemala (equivalent to the Public Prosecutor’s Office). She is directly involved in the on-going investigation into the creation of the political party Movimiento Semilla of President Arévalo. Following the second round of Presidential elections in August 2023, she participated in the raid by the Public Ministry of the premises of the Supreme Electoral Tribunal that entailed the opening of sealed ballot boxes. She also participated in a press conference in December 2023 where the Public Ministry presented claims that the outcome of the first round of elections in June 2023 was invalid. Through those actions, Leonor Eugenia Morales Lazo De Sánchez is involved in efforts to overturn the results of the 2023 elections in Guatemala. She is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala.


2.2.2024




5.


Fredy Raúl ORELLANA LETONA


Position(s): First Instance Criminal Judge of the Seventh Court
Date of birth: 4.11.1982
Nationality: Guatemalan
National identification number: 253127548 (passport)
Gender: male


As First Instance Criminal Judge of the Seventh Court, Fredy Raúl Orellana Letona is responsible for supervising and authorising the actions of the Special Prosecutor’s Office Against Impunity (FECI), which operates under the Public Ministry (Ministerio Público) of Guatemala (equivalent to the Public Prosecutor’s Office), investigating alleged irregularities in the creation of the political party Movimiento Semilla, whose candidate won the second round of the presidential elections in Guatemala in August 2023. As supervising judge, Fredy Raúl Orellana Letona authorised raids at the headquarters of Movimiento Semilla in July 2023 and the premises of the Supreme Electoral Tribunal in July and September 2023. He also ordered the provisional suspension of the legal personality of Movimiento Semilla and denied access to the case file for the defence. He has enabled FECI’s actions to prosecute elected authorities and the magistrates of the Supreme Electoral Tribunal. Through those actions, Fredy Raúl Orellana Letona is involved in efforts to overturn the results of the 2023 elections in Guatemala. He is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala.


2.2.2024’








ELI: http://data.europa.eu/eli/reg_impl/2024/455/oj
ISSN 1977-0677 (electronic edition)